Terms and Conditions
By accessing, browsing, and/or using the Site and/or any facility operated by The Sweat Society (a “Club”), you accept and agree to be bound to these Terms. In addition, when using particular The Sweat Society services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
A £13 “late cancel” fee is in place for spots booked and cancelled less than 24 hours before the session. This is on spots booked with a waitlist. This applied to all clients.
For spots booked and not attended you will loose the credit purchased either via a drop in or class card.
In the event of a late cancel or no-show, you will be re-credited your session and charged the appropriate fee.
10 CLASS CARD
The 10 class card allows users to use up to 10 sessions over 5 weeks per month. This means a minimum of 2 classes a week. Clients can use as many a week as they wish. Expiry is 5 weeks after first class visit and a top up of 2 weeks can be added for £20. The classes can only be used by the holder.
5 CLASS CARD
The 5 class card allows users to use up to 5 sessions over 5 weeks per month. This means a minimum of 1 class a week. Clients can use as many a week as they wish. Expiry is 5 weeks after first class visit and a top up of 2 weeks can be added for £20. The classes can only be used by the holder.
4 WEEK INTRODUCTORY OFFER
The 4 week introductory offer allows users unlimited use to all classes. The pass can only be used by the holder
2 WEEK INTRODUCTORY OFFER
The 2 week introductory offer allows users unlimited use to all classes. The pass can only be used by the holder
DROP IN CLASS
The drop in class allows users to use 1 class credit for any class they choose. They have 6 months to use this from date of purchase. The pass can only be used by the holder.
The Sweat Society UNLIMITED MONTHLY MEMBERSHIP
The Sweat Society membership is a non contract re-ocurring monthly payment that allows the user to access The Sweat Society. The membership is to be used by the holder only and cannot be shared.
You have a choice of two dates for your membership payment to be taken – 1st or 16th of the month. If you start on a date other than these we will need to prorata the amount to streamline the dates. Your pass will start on the date of purchase. SS membership is a rolling monthly payment. For example, if you purchase you choose SS membership date to be on 1st March, your SS membership will automatically renew on 1st April (see “Billing Cycles” below). Once your new SS monthly membership starts, you will have access to your Eligible Classes for such new for the coming month.
You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use for payment. We automatically will bill the SS monthly membership fee to your Payment Method each SS monthly membership cycle until your SS monthly membership is cancelled or terminated.
SS CLASS CARDS & DROP INS
SS class card & drop in holders receive the number of classes commensurate with the package/service purchased. Such classes may be redeemed until such time that the SS service is exhausted whether through consumption or expiry.
The Sweat Society makes no guarantee on the availability of classes as access to classes is on a space-available basis.
SS PACKAGE EXPIRY
Your SS Package starts on the date that you attend your first class and you have 6 months to do so from date of payment.
By starting your SS UNLIMITED MONTHLY MEMBERSHIP, you authorise us to charge you a monthly fee at the then current rate. Increases in the current rate will be notified with 1 month’s notice. We will inform you by e-mail or other form of communication.
The Sweat Society Membership Billing Cycle.
When you sign up and purchase your SS UNLIMITED MONTHLY MEMBERSHIP, your first pass cycle will be billed immediately. Your membership will auto-renew on the same date each month (either 1st or 16th of the calendar month). If the payment is failed payment will be automatically tried the next day.
Unless expressly stated to the contraty herein, or as provided by applicable law, payments are nonrefundable and there are no refunds or credits for partially used periods.
This policy applies to all products sold on The Sweat Society website i.e. packages of sessions as well as single classes and unlimited memberships and offers. However, following your cancellation of your SS monthly membership you will continue to have access to the studio through to the end of your paid SS monthly cycle.
You may edit your Payment Method information by logging into your Mindbody account and updating accordingly. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, provided that you have not cancelled your account in accordance with these Terms (see, “Cancellation” below), you remain responsible for any uncollected amounts.
You may terminate your SS unlimited monthly membership at any time with at least 1 month prior notice ahead of a renewal date. For example, if your next renewal date is 16th September, you need to cancel by 15th September in order to avoid being charged for the next month. Note that if you do terminate your SS monthly membership, you will be subject to current membership rates upon your return.
In order to cancel your membership you will need to email email@example.com – if you cancel without informing the SS you are still responsible for any payment outstanding.
SS class cards, drop ins and/or Introductory offers only give access to the class for which you signed up (at the specified time and date). You are responsible for paying cancellation fees of £13 on classes with a waitlist/1 class credit for no show.
TERMINATION BY THE SWEAT SOCIETY
You agree that The Sweat Society, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with The Sweat Society or use of the Site and/or Studio and remove and discard all or any part of your account or any content uploaded by you, at any time.
The Sweat Society may also in its sole discretion and at any time discontinue providing access to the Site and/or Studio, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof and/or Studio may be effected without prior notice, and you agree that The Sweat Society will not be liable to you or any third party for any such termination, provided that, if The Sweat Society terminates your account other than due to breach by you of these Terms or any international / national situation that is out of our hands, The Sweat Society shall refund a pro-rata proportion of the fee paid for the services in which such termination takes effect.
The Sweat Society does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site and/or Studio may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that The Sweat Society may have at law.
AND PASSWORD; SITE ACCESS
The site is not intended for use by persons suspended or removed from the site by The Sweat Society. By using the site, you represent that you have not been previously suspended or removed from the site.
Applicable only to corporate accounts authorized by us:
If you are using or opening an account on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms.
You agree that the information you provide to The Sweat Society on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
PROHIBITED STUDIO CONDUCT
By using the Site, you promise to:
Respect our facility
Respect our procedures
Respect our teams
Respect our customers
Respect our product
PROHIBITED SITE CONDUCT
By using the Site, you promise not to:
- Harass, threaten, or defraud Site users;
- Make unsolicited offers, advertisements, proposals, or send junk mail to users;
- Impersonate another person or access another user’s account without that person’s permission;
- Share The Sweat Society-issued passwords with any third party or encourage any other user to do so;
- Permit third parties to use any classes booked under you’re The Sweat Society passes/memberships, including other SS clients / holders;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
- Upload material (e.g., virus) that is damaging to computer systems or data of The Sweat Society or users of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
PROHIBITED SITE USES
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all applicable laws.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site.
You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You much be 16 years of age or older to use this Site or to purchase a Sweat Society service.
The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by The Sweat Society.
The Sweat Society cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not The Sweat Society, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Right to Remove or Edit User Submissions.
The Sweat Society makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.
License Grant by You to The Sweat Society
You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to The Sweat Society, you hereby grant The Sweat Society and its affiliates, sub-licensees, partners, designees, and assignees of the Site (collectively, the “The Sweat Society Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and The Sweat Society’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
User Submissions Representations and Warranties.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
(1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize The Sweat Society to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by The Sweat Society and these Terms, and to grant the rights and license set forth above, and
(2) your User Submissions, The Sweat Society’s or any The Sweat Society Licensee’s use of such User Submissions pursuant to these Terms, and The Sweat Society’s or any of The Sweat Society’s Licensee’s exercise of the license rights set forth above, do not and will not:
(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(b) cause injury to any other person;
(c) violate these Terms or any applicable law or regulation; or
(d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
The Sweat Society may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that The Sweat Society determines in its sole discretion to be violative of the standards of this Site. The Sweat Society takes no responsibility and assumes no liability for any User Submissions.
Inaccurate or Offensive User Submissions.
You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that The Sweat Society does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You acknowledge and agree, to the fullest extent permitted by applicable law, that neither The Sweat Society (nor any member of the The Sweat Society group of companies (and any subsidiary of such entity)), has any liaibility to you in respect of any such user submissions.
Feedback. If you provide The Sweat Society with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“contact us”), The Sweat Society shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant The Sweat Society a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
When using the Site and/or the Club, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into these Terms.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by the Bikram Hot Yoga Surbiton Limited T/A The Sweat Society.
The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by The Sweat Society (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of The Sweat Society or its subsidiaries or affiliated companies and/or third-party licensors.
All trademarks, service marks, and trade names used by us on the Site are proprietary to The Sweat Society or its affiliates and/or third-party licensors. Except as expressly authorized by The Sweat Society, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. The Sweat Society does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, The Sweat Society makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that The Sweat Society will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
Notices will be sent to you at the email address that you provided to The Sweat Society during the registration process.
Notices may be sent to us at the email address: firstname.lastname@example.org. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received.
Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
DISCLAIMERS; NO WARRANTIES
You agree that attendance at or use of any such classes, activities, or other services is solely at your own risk. In no event shall The Sweat Society be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with a user’s attendance or participation in a class, service or appointment made through the site, or the performance or non-performance in connection with the services.
Unless otherwise expressly stated by The Sweat Society, the site and any downloadable software, content, services, or applications made available in conjunction with or through the site are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, The Sweat Society, its suppliers and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Unless otherwise expressly stated by The Sweat Society, The Sweat Society, its suppliers and partners do not warrant or make any representations.
(1) That the site and any downloadable software, content, services, or applications made available in conjunction with or through the site will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or
(2) Regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you download or otherwise obtain material or data through the use of the site at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same.
A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
LIMITATION OF LIABILITY AND DAMAGES
Nothing in these terms (including but not limited to the “disclaimers” above and limitations of liability below) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for the negligence of third parties.
Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Under no circumstances, including, but not limited to, negligence, will The Sweat Society or its affiliates, contractors, employees, agents, or third party partners, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arise fromor related to the use of the Studio and/or the site, including those that result from the use or the inability to use the facilities in the Studio or the materials on the site, or any other interactions with The Sweat Society, even if The Sweat Society or a Sweat Society authorized representative has been advised of the possibility of such damages.
Applicable law may not allow limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Sweat Society’s liability will be limited to the fullest extent permitted by applicable law.
Generally, if a dispute arises between The Sweat Society and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and The Sweat Society agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum.
These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against The Sweat Society must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This (including the documents referred to herein), is the entire agreement between you and The Sweat Society relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by The Sweat Society as set forth in the Preamble to these Terms.
The services hereunder are offered by Bikram Hot Yoga Surbiton Limited T/A The Sweat Society, a limited liability company incorporated and registered in England and Wales with company number 07579962, whose registered office is located at: Brooks House, 1 Albion Place, Maidstone, Kent, ME14 5DY.